Potter County nears settling family's lawsuit

Potter County could be close to settling a federal lawsuit filed by the parents of a man who died in the county's jail.

County commissioners authorized County Attorney Scott Brumley to settle the case after holding a closed session Monday to discuss the possibility, County Judge Arthur Ware said.

Late on Monday, there still was no agreement.

"We're working on one," Brumley said. "Until it's fully executed, I can't comment on it. That would be irresponsible."

County deputies arrested Michael Dick on July 9, 2008, for allegedly violating his probation for a conviction on a charge of intoxicated assault with a motor vehicle. The arrest included a struggle, during which Dick took a deputy's Taser. Ten days later, deputies found Dick dead in his cell, and autopsy results found he died of a perforated ulcer. A second autopsy requested by his family found he received a traumatic injury to his abdomen before his death.

A grand jury opted not to indict anyone.

Diane and Marvin Dick filed the federal lawsuit July 9 against the county and 10 sheriff's department employees, alleging inadequate medical care. They allege the department employees "callously and with deliberate indifference ignored Mr. Dick's requests for medical attention."

The county and Dick's parents have been in court-ordered mediation for more than a month. There is no timetable for an announcement of a settlement, but it could come this week.

"Hopefully, but I'm not making any promises," Brumley said.

The parents didn't ask for a specific amount of money, but they asked to be paid punitive and compensatory damages and legal fees.